TNAG-2469-FCO40-3593-Most-favoured-nation-status-for-China-Hong-Kong-interests-1992 — Page 256

FCO40 Hong Kong Department Records 聯邦事務部香港部檔案 All

OWNED ENTERPRISES.!\

IN GENERAL. --Notwithstanding any other provision of law, ponie occurrence of any event described in subsection (b), ondiscriminatory treatment shall apply to any good that is produced r manufactured by a business, corporation, partnership, qualified oint venture, or other person that is not a state-owned enterprise of the People's Republic of China. Any such good that is marketed or

therwise exported by a state-owned enterprise of the People's epublic of China shall be ineligible for such nondiscriminatory reatment. Such nondiscriminatory treatment shall be in effect for he period of time the waiver referred to in section 3 would have een effective had it taken effect.\\

// (b) EVENTS. --Nondiscriminatory treatment as described in subsection (a) shall apply if--\\

// (1) the President fails to request the waiver referred to in section 3 and reports to the Congress that such failure was a result of his inability to report that the People's Republic of China has met the standards described in that section; or\\

//(2) the President requests the waiver referred to in section 3, but a disapproval resolution described in subsection (c) (1) is enacted into law. \\

// (c) DISAPPROVAL RESOLUTION.--\\

// (1) IN GENERAL.--For purposes of this section, the term "resolution" means only a joint resolution of the two Houses of Congress, the matter after the resolving clause of which is as follows: "That the Congress does not approve the extension of the authority contained in section 402 (c) of the Trade Act of 1974 recommended by the President to the Congress on XXXXXXXXXXXwith respect to the People's Republic of China because the Congress does not agree that the People's Republic of China has met the standards described in section 3 of the United States-China Act of 1992.", with the blank space being filled with the appropriate date.\\

//(2) APPLICABLE RULES.--The provisions of sections 153 (other than paragraphs (3) and (4) of subsection (b)) and 402 (d) (2) (as modified by this paragraph) of the Trade Act of 1974 shall apply to a resolution described in paragraph (1).\\

// (d) DETERMINATION OF DUTY STATUS OF ENTERPRISES.--\\

// (1) Subject to paragraph (2), the Secretary of the Treasury shall determine which businesses, corporations, partnerships, companies, or other persons are state-owned enterprises of the People's Republic of China for purposes of this Act and compile and maintain a list of such businesses, corporations, partnerships, companies, and persons.\\

//(2) For purposes of making the determination required by paragraph (1), the following definitions apply:\\

// (A) (i) The term "state-owned enterprise of the People's Republic of China" means a business, corporation, partnership, company, or person affiliated with or owned, controlled, or subsidized by the government of the People's Republic of China and whose means of production, products, and revenues are owned or controlled by a central or provincial government authority. A business, corporation, partnership, company, or person shall be considered to be state-owned if--\\

// (I) its assets are primarily owned by a central or provincial government authority;\\

//(II) a substantial proportion of its profits are required to be submitted to a central or provincial government authority;\\

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